United States Court of Appeals

 The Fourth Circuit
________________________________________________

   CCA Fourth No  08-6477

WDNC No. 1:08MC5 

DCSC Docket No. 8:07 CR 536-WMC

________

The United States of America 

Plaintiff-- Appellee

V.

Robert Clarkson, Donna Clarkson and

515 Concord Ave, Anderson , SC

Defendants -- Appellants

__________

Petition for Rehearing and Rehearing En Banc 
By Defendant – Appellant
_________

                                                                                      
   
Appeal from the United States District Court
for the Western District of North Carolina

Robert Clarkson

515 Concord Ave, Anderson , SC 29621                                                                                   (864) 225-3061

Appellant, pro se      

                                ___________________________________________________________

                                                United States Court of Appeals

                                                     for the Fourth Circuit

                               ____________________________________________________________                    

The United States of America 

Plaintiff – Appellee                             CCA Fourth No 08-6477

                                                  WDNC No. 1:08MC5 

v.                                                DCSC No. 8:07 CR 536


Robert Clarkson, Donna Clarkson and
515 Concord Ave, Anderson , SC
Defendants -- Appellants

Petition for Rehearing and Petition for Rehearing En Banc

by Defendant –Appellant

Appeal from the US District Court for the Western District of NC

_____________________________________________________________

On February 23rd, 2209, this court per curiam dismissed by unpublished opinion this appeal by Robert Clarkson. Clarkson petitions for a rehearing of that decision.

The short dismissal order gives the grounds that the lower court did not issue a final order. Clarkson disagrees with that reasoning as the Final Order is in the Appendix.

However, the main issue is that the case never started in the first place. The FBI had an investigation against friends of Clarkson and he was pulled in. The investigation against Appellant was very short and unremarkable except Agent Andy busted his house and removed valuable personal property.

The District Courts in Greenville , SC and in Asheville , NC ordered the FBI to return the Clarkson family possessions. The Federal Agents partially complied with the three court orders. They still retain valuable property.

Indictments were issued against the people who were involved but not against Clarkson. Therefore no criminal case against Clarkson was initiated in this matter. No verdict has been rendered in Clarkson’s case because no indictment was ever issued.

However, Judge Thornburg did issue his final order denying Clarkson’s request for the return of his remaining possessions. As frequently stated in his Brief, Clarkson was not involved in the conduct of the others in Asheville and claims he did not even know about it. No indictment of Clarkson is expected by anybody in this matter.

Therefore this case is ready for appeal and Clarkson somehow, sometime, or somewhere should receive his personal property back.

CONCLUSION

Clarkson requests the return of the rest of his possessions. None of his property retained by Agent Andy has anything to do with the cases of the other people headed to trial. In no way would any of these items be considered potential evidence.

Certification of Service: I do hereby certify that on this date I have mailed properly a copy of this brief to opposing counsel.

 
    ______________________________         March 2, 2009
    Robert Clarkson, Attorney Pro Se 
    515 Concord Ave. 
    Anderson, SC 29621 
    864-225-3061